NAKKA GARIKAYYA Vs. NAKKA RAJAMMA

JUDGEMENT

(1.) This revision is directed against the order dated 15.09.2015 passed in I.A. No. 131 of 2014 in A.S. No. 37 of 2013 by the learned I Additional District Judge, Srikakulam, dismissing the petition filed under section 45 of Indian Evidence Act, 1881, to send Ex.B7-Kararunama agreement dated 21.01.1997 to finger print expert for examination of thumb impression of Nakka Rajamma on the said document.

(2.) Though notice was served on the first respondent/first plaintiff, there is no representation on her behalf. Heard learned counsel for petitioners.

(3.) The controversy involved in this case is about the matrimonial relationship between the first petitioner/D1 and second petitioner/D2. According to petitioners/defendants, the first petitioner married second petitioner as second wife after the written consent given by his first wife i.e., first respondent, by executing Ex.B7 agreement dated 21.01.1997 and she has voluntarily put her thumb impression therein. Subsequently, she denied about the execution of said agreement and filed O.S.No. 66 of 1998 on the file of Principal Junior Civil Judge, Srikakulam, to declare the marriage between petitioners 1 and 2 as void and illegal. The said suit was decreed on 18.03.2013. Aggrieved by the same, the petitioners filed A.S.No. 37 of 2013 and also the impugned application. The appellate Court having observed that the petitioners have not filed such petition during trial or hearing dismissed the said petition. Challenging the same, the present revision is filed.